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PROCEEDS OF CRIME ACT 2002 - SECT 179K

Varying unexplained wealth orders to increase amounts

  (1)   The court may, on the application of the * responsible authority, vary an * unexplained wealth order against a person by increasing the * unexplained wealth amount if subsection   (2) or (3) applies. The amount of the increase is as specified in subsection   (2) or (3).

  (2)   The * unexplained wealth amount may be increased if:

  (a)   the value of property of the person forfeited under a * forfeiture order, an * interstate forfeiture order or a * foreign forfeiture order was deducted from the unexplained wealth amount under paragraph   179J(a); and

  (b)   an appeal against the forfeiture, or against the order, is allowed.

The amount of the increase is equal to the value of the property.

  (3)   The * unexplained wealth amount may be increased if:

  (a)   an amount payable under a * pecuniary penalty order, a * literary proceeds order, an order under section   243B of the Customs Act 1901 , an * interstate pecuniary penalty order or a * foreign pecuniary penalty order was deducted from the * unexplained wealth amount under paragraph   179J(b); and

  (b)   an appeal against the amount payable, or against the order, is allowed.

The amount of the increase is equal to the amount that was payable.

  (4)   The * responsible authority's application may deal with more than one increase to the same * unexplained wealth amount.



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